CHAPTER VI.  FINANCE AND TAXATION

A. GENERAL PROVISIONS

Section 1.  Fiscal year.
The fiscal year of the village shall begin with the first day of April and shall end on the next succeeding thirty-first day of March.

Section 2.  Subjects of taxation.
The real and personal property subject to taxation for the municipal purposes of this village shall be the same as that subject to taxation for State, County and School purposes under the general laws of the State.
State law references: Mandatory that Charter provide that the subjects of taxation for municipal purposes shall be the same as for state, county and school purposes under the general law, MCL 78.23(d); property subject to taxation, MCL 211.1 et seq.

Section 3.  Revenue divided into funds.
All revenue raised by general tax upon all the property in the village, or by loan to be repaid by such tax, shall be divided by the Council into so many funds as it shall deem necessary.

Section 4.  Treasurer to report monthly.
The Village Treasurer shall receive and disburse all money belonging to the village and shall keep an accurate account of all money so received and disbursed by him, and of the particular fund into which or from which the money is paid. He shall pay out no money except by warrant as in this charter provided. He shall at least once every three months, and oftener if requested by the Council, furnish the Council with a statement showing all cash on hand and in the bank at the beginning of the preceding period, the cash and bank balances at the end of the preceding period, the disbursements made from each fund and the purpose of such disbursements during the period, and the condition of each fund at the close of the period. He shall make such other reports as the Council may require.

Section 5.  Warrants to be issued.
No money shall be drawn from the treasury except upon the warrant of the Clerk countersigned by the President. Every warrant shall specify the fund from which it is payable and shall be paid from no other fund. No warrant shall be drawn upon the treasury after the fund from which it should be paid is exhausted, and if any such warrant shall be drawn it shall be void. No warrants shall be issued until the same shall have first been authorized by the Council; Provided, however, That warrants may be issued for the payment of labor and current expenses without the prior authorization of the Council, if authorized by the President, but the total amount of such warrants issued between any successive regular meetings of the Council shall not exceed such an amount as the Council shall from time to time establish.

Section 6.  Treasurer to audit demands.
All liquidated accounts and demands against the village shall be presented to and received by the Treasurer. He shall audit them and enumerate them on a form prescribed by the Council. The Treasurer, or such other person as the Council may designate, shall certify thereon as to the correctness or incorrectness of the several amounts on such list, together with any comments thereon. The Treasurer shall present such list to the Council which shall authorize the issuance of such warrants on the treasury in payment of such items as shall be approved by it.

Section 7.  Treasurer to receive and deposit.
All taxes and special assessments accruing to the village shall be collected by the Treasurer and allocated to such fund as the Council shall direct. All moneys received by any officer of the village for or in connection with the business of the village shall promptly be paid over to the Treasurer and shall be deposited by him with such responsible banking institution as shall be designated by the Council as depositary for the funds of the village and furnish whatever security the Council may require. All interest upon such deposits shall accrue to the benefit of the village and of the particular fund for which it is paid.

Section 8.  All moneys belong to village.
All fees and moneys received by any officer or employee in his official capacity shall belong to the village, except as herein otherwise provided.

Section 9.  Annual statement.
Preceding any annual village election, and after the close of the current fiscal year, the Council shall audit and settle the accounts of the Treasurer and other officers of the village, and so far as practicable, of all persons having claims against the village, and shall make out a statement in detail of the receipts and expenditures of the village during the preceding year, which statement shall distinctly show the amount of all taxes raised during the year for all purposes, and the amount raised for each fund; the amount levied by special assessment, and the amount collected on each; also the items and amounts received from all other sources during the year, also the several items of all expenditures made during the year, and the objects thereof, classifying the same for each purpose separately, and containing such other information as shall be necessary to a full understanding of the financial concerns of the village. Said statement, signed by the President and Clerk, shall be filed in the office of the Clerk.

B. BUDGET

Section 1.  Budget commission.
The President, and such other persons as shall be designated by the Council, shall constitute the Budget Commission.

Section 2.  Report to be prepared.
The Budget Commission shall prepare a written report prior to June 1st of each year, which shall be an estimate of the probable expenses and liabilities of the village for the current fiscal year, including a statement of the amounts necessary for the salaries of all village officers, for the payment of all debts and interest to fall due, for lands to be acquired, for buildings to be repaired, for bridges, streets, paving, sewers and any and all other purpose or purposes for which, in their opinion, any money will be required to be paid during the current fiscal year.

Section 3.  Report to contain.
The report of the Budget Commission shall also contain the following information:

(a)     A comparative statement, in parallel columns, of the appropriations and expenditures for the current and next preceding fiscal year and the increases and decreases in the appropriation recommended;

(b)     An itemized statement of the taxes required and of the estimated revenue of the village from all other sources, for the current fiscal year, with comparative statement in parallel columns of the taxes and other revenues for the current and next preceding fiscal year and of the increases and decreases estimated or proposed.

Section 4.  Idem.
The report of the Budget Commission shall also contain a statement of the amount appropriated for the next preceding fiscal year, balance on hand or overdraft or deficiency, of each budget allowance, and a statement of the cause of each overdraft or deficiency, if any there be.

Section 5.  Monthly installments.
The report of the Budget Commission shall also contain a schedule dividing each fund, except the contingent fund, into twelve installments, each of which shall equal the amount of the estimated disbursements of the department for the month for which the installment is to be appropriated. In making the monthly estimate the Commission shall consider the department to which the fund is allocated and the seasonal requirements of such department.

Section 6.  Report to council.
On or before the 1st day of June of each year the report of the Budget Commission shall be signed by the members thereof and presented to the council for its consideration and a copy filed with the Village Clerk.

Section 7.  Council to consider.
The council shall, at its first regular meeting in June in each year, take up and consider the annual village budget so presented and shall pass upon each item separately. It may increase the amount asked for in each item of the budget, or it may reduce the same when, in its opinion the best interests of the village so demand. The council shall pass a resolution approving the budget as finally adopted by it.

Section 8.  Annual appropriation resolution.
The resolution approving the budget mentioned in the preceding section shall make provision for and shall appropriate the several amounts required to defray the expenditures and liabilities of the village for the current fiscal year, payable during such fiscal year from the several funds as estimated and determined upon, and order the same, or so much of such amounts as may be necessary, to be raised by tax with the next general funds of the village.
State law references: Mandatory that Charter provide for an annual appropriation of money for municipal purposes, MCL 78.23(e).

Section 9.  Fund preferences.
Should any fund or funds be deemed essential to the welfare of the village the council may designate such fund or funds as preferred and may order that such fund or funds be preferred in whole or in part and that there be placed therein a stated amount before anything be allocated to other funds.

Section 10.  Additional requirements; procedure.
Shall a department require more money than is allocated to it by the appropriation resolution it may apply to the Treasurer for a part of the contingent fund stating the amount required, the specific purpose to which it is to be devoted and the reason for or cause of the application being made. On such application being made the Treasurer shall notify the members of the Budget Commission, who shall meet within forty-eight hours after the request be made to determine whether or not the request shall be granted. If the Budget Commission decides the purpose of the request to be necessary or expedient it shall issue to the Treasurer a written order directing that the amount stated therein be transferred from the contingent fund to the fund designated.

Section 11.  Treasurer to approve expenditures.
Every expenditure made or obligation incurred by or on account of the village shall be approved by the Treasurer as to amount and purpose.

Section 12.  Council to certify to assessor.
All sums ordered in the annual appropriation resolution in any year to be raised, and all sums ordered in said resolution to be levied, shall forthwith be certified by the Village Clerk to the Board of Assessors and shall be levied and collected by the Treasurer upon all taxable property within the village, as hereinafter set forth.

Section 13.  Limitation on power to contract.
No liabilities shall be incurred by any officer or employee of the village, except in accordance with the annual appropriation resolution, or under continuing contracts or loans authorized herein, and except as authorized by the Council.

Section 14.  Council may amend resolution.
At any meeting subsequent to the passing of the annual appropriation resolution, and after at least one week's notice to the members of the Council, the Council may amend such resolution so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenues of a class not included in the annual budget.

Section 15.  Surplus.
If for any cause there shall be a surplus in any current expense fund at the end of any fiscal year, such surplus may be transferred to such other fund as the Council may direct.

C. TAXATION (GENERAL)*

*State law references: General property tax act, MCL 211.1 et seq.

Section 1.  Power to tax; limitation.
The council shall have authority to raise by general tax upon the real and personal property liable to taxation in said village (exclusive of taxes for highway and street purposes and not otherwise provided for in this charter) such sum not exceeding in any one year two per cent of the assessed value of such property, as they shall deem necessary for the purpose of defraying the expenses and liabilities of the village, and to carry into effect the powers herein granted.
State law references: Mandatory that Charter provide for levying and collection of village taxes, MCL 78.23(c).

Section 2.  General power to tax.
The village shall have power to assess, levy and collect any and all taxes whatsoever which it is or may be empowered to assess, levy and collect by the general laws of the state or which it may legally assess, levy and collect.Section 3.  Board of assessors; duties.
A committee of the council consisting of three members appointed by the council upon the nomination of the president, shall constitute the Board of Assessors of the village, and shall, in each year at and within the same time as required by the general laws of this state for the assessment of property in townships make an assessment roll containing a description of all the real property, and the aggregate amount of all the personal property liable under the laws of this state to taxation in the village, and the name of the owner, agent or person liable to pay taxes thereon if known, and shall set down in such roll the valuation of such property, at its true cash value, placing the value of the real estate and personal property in separate columns; and in so doing said Board of Assessors shall conform to and be governed by the provisions of law governing supervisors of townships performing like services, unless otherwise in this charter provided: Provided, That whenever, in any year, it shall not be necessary to raise money by taxation in the village, the council may so determine by resolution, and when so determined by the council they shall certify such determination to the Board of Assessors, and such Board of Assessors shall not make any assessment of property for such year; And provided further, That the council of the village may, by resolution, direct the assessor to take the assessment and make an assessment roll on or before such date as shall be deemed to be for the best interests of the village, not later than the first day of May in each year.

Section 4.  Return of statement of taxable personal property.
On or before the first day of March in each year the Board of Assessors shall mail to every person owning or having charge of as agent or otherwise, any personal property taxable by the village, a uniform printed blank form upon which such person shall set down a sworn list of such personal property with such description thereof as will enable the Board of Assessors to assess the same and make return thereof to the Board of Assessors on or before the first day of April of the same year. If any such person fails to file such list as herein provided, or if he omits any such property in the list delivered, the Board of Assessors shall assess such personal property not listed, at its cash value upon such knowledge or information as may be satisfactory to it and according to its best judgment and discretion.

Section 5.  Notice of assessment roll.
Immediately after the completion of such assessment roll, the Board of Assessors shall give notice that for one week the assessment roll shall be open to inspection by any taxpayer and shall also give notice of the time and place in the village, when and where the assessment shall be reviewed, and that any persons deeming themselves aggrieved by the assessment may then be heard. Such notice shall be given by posting copies thereof in three public places in the village, not less than seven days before the day of review.

Section 6.  Board of review.
The Board of Assessors and two qualified freeholders and electors of the village, to be annually appointed by the council, shall constitute a Board of Review of the assessments. At the time appointed for the review, the board shall meet at the place designated in the notice and continue in session two days, for the purpose of reviewing and correcting such assessments; and for such purpose the Board of Review shall have the same powers and perform like duties in all respects, as are conferred upon and required of Boards of Review in townships, in reviewing assessments in townships. They shall hear the complaints of all persons considering themselves aggrieved by such assessment, and if it shall appear that any person has been wrongfully assessed, or omitted from the roll, the board shall correct the roll in such manner as they shall deem just: Provided, That the council of the village may, by resolution passed at least seven days before the meeting of the Board, determine that the Board shall remain in session but one day: And provided further, That the said council may, in its discretion, in the same manner, extend the time of the meeting of the Board of Review not to exceed two days.
Editor's note: The board of review is now appointed by the township board.
State law references: Board of review, MCL 211.28 et seq.

Section 7.  Record of changes to clerk.
Said Board of Review shall make a record of all changes made in the roll, which record shall be signed by them and deposited with the clerk.

Section 8.  Roll certified to council; to assessors.
Immediately after the review of the assessment roll as aforesaid, the Board of Review shall certify the roll as corrected, under their hands to the council.
The council, after an examination of the assessment roll, shall certify the same to the Board of Assessors, together with the amount required to be raised by general tax, for highway and other general purposes; and all amounts of special assessments which they require to be reassessed upon any lands, premises, or against any person with a particular description of the lands and property to be reassessed, and the amounts to be reassessed upon each parcel of land, and the name or names, so far as known, of the persons chargeable with such tax, which certificate, endorsed upon or annexed to the roll, shall be signed by the president and clerk.

Section 9.  Duties of board of assessors.
Upon receiving the assessment roll, with the certificate of the several amounts to be raised thereon, as provided in the preceding section, the Board of Assessors shall proceed to estimate, apportion, and set down in columns opposite the several valuations of real and personal property on the roll, in proportion to the individual and particular estimates and valuations, the respective sums in dollars and cents, apportionable to each; placing the general fund taxes and all general taxes in one column; the street district taxes, if any, in another column; all special assessment taxes in another column; and the total of all taxes assessed to each valuation shall be carried into the last column of the roll. The Board shall also foot up the amounts carried to the last column, as aforesaid, and certify upon the roll the aggregate amounts of the taxes levied therein.

Section 10.  Tax a debt and lien.
The village taxes, when assessed, shall become at once a debt to the village from the person to whom they are assessed, and the amounts assessed on any interest in real property shall on the first day of July of the year when assessed, become a lien upon such real property, and the lien for such amounts and for all interest and charges shall continue until payment thereof. All personal taxes shall also be a first lien on all personal property of such persons so assessed from and after the first day of July of the year when assessed, and shall so remain until paid, which said lien shall take precedence over all other claims, encumbrances and liens upon said personal property whatsoever, whether created by chattel mortgage, execution, levy, judgment or otherwise and whether arising before or after the assessment of said personal taxes, and no transfer of personal property assessed for taxes thereon shall operate to divest or destroy such lien, except where such personal property is actually sold in the regular course of retail trade.

Section 11.  Roll to treasurer.
After extending the taxes as aforesaid, and not later than the first day of July in each year except the current year of the adoption of this charter, the Board of Assessors shall cause the assessment roll, certified under its hand, to be delivered to the Treasurer, with the warrant of the president of the village annexed thereto, directing and requiring him to collect from the several persons named in said roll the several sums mentioned therein opposite their respective names, as a tax or assessment, and authorizing him, in case any person named therein shall neglect or refuse to pay such sums, to levy the same by distress and sale of his, her or their goods and chattels, together with the costs and charges of such distress and sale, and directing him to collect all taxes by a certain day therein to be named, not less than thirty nor more than fifty days from the date of said warrant. The president may renew said warrant from time to time, by order of the council, and for such time as the council shall direct: Provided, That the time shall not be extended later than the third Monday of October in any year, upon which date the treasurer shall make return of delinquent taxes to the county treasurers of Wayne and Macomb Counties, of the portion of such taxes applicable to the portion of such property lying within such counties respectively, according to law.

Section 12.  Treasurer to collect.
Immediately upon receiving the tax roll, with the warrant thereto annexed, as provided in section eleven, the treasurer shall proceed to collect the taxes levied therein according to the direction of said warrant, together with such percentage thereon for collection fees as shall be authorized by the council.
State law references: Collection of taxes, MCL 211.44 et seq.

Section 13.  Collection by sale of property.
In case any person shall neglect or refuse to pay any tax imposed upon any real or personal property belonging to him as aforesaid, the treasurer shall levy the same by distress and sale of the goods and chattels of the said person liable to pay the same, wherever such goods and chattels may be found, either in said village or elsewhere in the county where such village is located, or in any adjoining county, first giving public notice of such sale in the manner and for the time required by law in case of such sales made by township treasurers, and for such purpose and for the collection of the taxes aforesaid the treasurer may bring suit therefor, and shall have all the powers and perform the like duties, so far as applicable, as are conferred upon or required of township treasurers, in the collection of taxes levied in townships.

Section 14.  Return of unpaid taxes.
Within one week after the expiration of the time limited in the warrant for the collection of the taxes levied in said roll, or within one week after the time to which said warrant may have been renewed or extended, if the treasurer has been unable to collect any of the taxes on his roll on real property, it shall be his duty to return all such unpaid taxes on real property to the county treasurer of Wayne County or Macomb County in the same manner and with like effect as returns by township treasurers. The taxes thus returned shall be collected in the same manner as other taxes returned to such county treasurer are collected under the provisions of the general tax laws of the state, and the same rate of interest and amount of charges shall be collected thereon, and all taxes upon lands so returned upon lands as delinquent shall be and remain a lien thereon until paid: Provided, That the county treasurer shall at the time that he makes his return to the auditor general, of delinquent taxes assessed under the general tax law, also make a return of all village taxes that were returned delinquent to his office and remaining unpaid on the first day of March of the year in which the return is made.

Section 15.  Moneys paid to treasurer.
Moneys received for such sale shall be paid over to the village treasurer. All of the provisions of the general tax law relative to the sale and redemption of lands returned for delinquent taxes shall apply to the sale and redemption of lands returned for delinquent taxes assessed under the provisions of this charter.
State law references: Sale, redemption and conveyance of delinquent tax lands, MCL 211.60 et seq.

Section 16.  Treasurer may sue.
Whenever the treasurer shall be unable to collect any tax assessed upon personal property in the village it shall be lawful for the treasurer of the village to bring suit, in the name of the village for the recovery thereof, together with a collection fee in such a reasonable amount as the council may determine, against the person or persons against whom the tax was assessed, before any court of competent jurisdiction, and to take and use all lawful means provided by law for the collection of debts to enforce the payment of such tax; and in such cases all the provisions of law applicable to suits and the evidence therein, brought by township treasurers in the name of their township for such purposes, shall apply.

Section 17.  May borrow in anticipation of taxes.
The council may borrow, in any year, in anticipation of the collection of taxes for the same year, such sum, not exceeding one-fourth of the tax, as may be necessary to defray current expenses. The money so borrowed shall be repaid from such tax when collected. And they may in like manner borrow, in anticipation of the collection of special assessments actually made for any local improvement, such sum, not exceeding the assessment as may be necessary for the prosecution or completion of the improvements; and the assessment, when collected, shall be applied in payment of the loan.
State law references: Tax anticipation votes, MCL 134.1 et seq.

D. SPECIAL ASSESSMENTS*

*State law references: Permissible that Charter provide for a special assessment, MCL 78.24(e); notices and hearings, MCL 211.741 et seq.; deferment for older persons, MCL 211.761 et seq.__________

Section 1.  General and special assessments.
The cost and expense of the following improvements including the necessary lands therefor, viz., for public buildings and offices for the use of the village officials, engine houses, and structures for the fire department, for water works, for lighting purposes, cemeteries, parks, watch houses, village prisons, harbors, seawalls, wharves and breakwaters, and for any general purpose determined by the council, shall be paid from the proper funds of the village or by bonds issued for that purpose under the provisions hereof. When, by the provisions of this charter, the cost and expenses of any local or public improvements may be defrayed in whole or in part by a special assessment upon lands abutting upon and adjacent to, or otherwise benefitted by the improvement, such assessment may be made as in this chapter provided.

Section 2.  By whom made.
Special assessments, authorized by this charter, shall be made by the Board of Assessors provided for in section three of subdivision C of chapter VI, hereof. Their compensation shall be prescribed by the council. If a member of the Board shall be interested in any special assessment directed by the council, there shall be appointed some other person to act in his stead in making the assessment who, for the purposes of that assessment, shall be a member of the Board.

Section 3.  Powers of council.
When the council shall determine to make any public improvement and defray the whole or any part of the costs and expenses thereof by special assessment, they shall so declare by resolution, stating the improvement, and what part or proportion of the expenses thereof shall be paid by special assessment, and what part, if any, from the general funds of the village, or from street district funds, and shall designate the district or lands and premises upon which the special assessments shall be levied.

Section 4.  Estimates and notice.
Before ordering any public improvement, any part of the expense of which is to be defrayed by special assessment, the council shall cause estimates of the expense thereof to be made, and also plats and diagrams, when practicable, of the work and of the locality to be improved, and deposit the same with the clerk for public examination; and they shall give notice thereof and of the proposed improvement or work, and of the district to be assessed, by publication for two weeks at least, in one of the newspapers of the village, if any be printed and published therein, or if not, by posting notices in three public places in the village, and of the time when the council will meet and consider any objections thereto.

Section 5.  Costs to include.
The costs and expenses of any improvement which may be defrayed by special assessment shall include the costs of surveys, plans, assessments, and costs of construction. In no case shall the whole amount to be levied by special assessment upon any lot or premises for any one improvement exceed twenty-five per cent of the value of such lot or land, as valued and assessed in the last preceding tax roll. Any cost exceeding that per cent, which would otherwise be chargeable on such lot or premises, shall be paid from the general funds of the village.

Section 6.  Special assessments--When levied.
Special assessments, to defray the estimated cost of any improvement, shall be levied before the making of the improvement.

Section 7.  Assessments according to frontage or benefits.
When any special assessment is to be made pro rata upon the lots and premises in any special district, according to the frontage or benefits, the council shall by resolution, direct the same to be made by the board of assessors, and shall state therein the amount to be assessed, and whether according to frontage or benefits, and describe or designate the lots and premises, or locality constituting the district to be assessed. Upon receiving such order and directions, the board of assessors shall make out an assessment roll, entering and describing therein all the lots, premises, and parcels of land to be assessed, and the valuation thereof with the names of the persons, if known, chargeable with the assessments thereon, and shall levy thereon and against such persons the amount to be assessed, in the manner directed by the council and provisions of this charter, applicable to the assessment, and when such assessment is completed they shall report the same to the council. If the assessment is required to be according to the frontage, they shall assess to each lot or parcel of land such relative portion of the whole amount to be levied as the length and front of such premises abutting upon the improvement bears to the whole frontage of all the lots to be assessed, unless an account of the shape or size of any lot an assessment for a different number of feet would be more equitable. If the assessment is directed to be according to benefits, they shall assess upon each lot such relative portion of the whole sum to be levied as shall be proportionate to the estimated benefit resulting to such lot from the improvement.

Section 8.  Report to council and notice.
When any special assessment shall be reported by the board of assessors to the council, as in this chapter directed, the same shall be filed in the office of the clerk, and numbered. Before adopting the assessment, the council shall cause notice to be published for two weeks at least in some newspaper of the village, if any be printed and published therein, or if not, to be posted in three public places for the same length of time, of the filing of the same with the clerk, and designating a time and place when and where the council and board of assessors will meet to review the assessment and to hear any objections thereto.

Section 9.  Review.
At the time appointed for that purpose as aforesaid, the council and board of assessors shall meet, and there, or at some adjourned meeting, review the assessment and hear any objections thereto; and the council shall correct the same if necessary, and confirm it as reported or as corrected; or they may refer the assessment back to the board for revision, or annul it and direct a new assessment, in which case the same proceedings shall be had as in respect to the previous assessment. When a special assessment shall be confirmed, the clerk shall endorse a certificate thereof upon the roll, showing the date of confirmation.

Section 10.  When conclusive.
When any special assessment shall be confirmed by the council, it shall be final and conclusive.

Section 11.  To be lien.
All special assessments shall, from the date of the confirmation thereof, constitute a lien upon the respective lots or parcels of land assessed, and shall be a charge against the persons to whom assessed until paid.

Section 12.  Deficiency.
Should any special assessment prove insufficient to pay for the improvement or work for which it was levied, and the expenses incident thereto, the council may, within the limitations prescribed for such assessment, make an additional pro rata assessment to supply the deficiency.

Section 13.  In case invalid.
Whenever any special assessment shall, in the opinion of the council, be invalid by reason of irregularity or informality in the proceedings, or if any court of competent jurisdiction shall adjudge such assessment to be illegal, the council shall, whether any part of the assessments have been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made. All the proceedings on such reassessment and for the collection thereof shall be conducted in the same manner as provided for the original assessment and whenever any sum or any part thereof levied upon any premises in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment on said premises, and the reassessment shall to that extent be deemed satisfied.

Section 14.  May be collected from special roll.
When any special assessment shall be confirmed and be payable as hereinbefore provided, the council may direct the assessment so made in the special assessment roll to be collected; and thereupon, the president shall attach his warrant to a certified copy of said special assessment roll, therein commanding the village treasurer to collect from each of the persons assessed in said roll the amount of money assessed to and set opposite his name therein, and in case any person named in said roll shall neglect or refuse to pay his assessment upon demand, then to levy and collect the same by distress and sale of the goods and chattels of such person, and return said roll and warrant, together with his doings thereon, within sixty days from the date of such warrant.

Section 15.  Collection and levy upon personal property.
Upon receiving said assessment roll and warrant, the treasurer shall proceed to collect the amounts assessed therein. If any person shall neglect or refuse to pay his assessment upon demand, the treasurer shall seize and levy upon any personal property found within the village or elsewhere within the county, or within any adjoining county, belonging to such person, and sell the same at public auction, first giving six days' notice of the time and place of such sale, by posting such notices in three of the most public places in the village or township where such property may be found. The proceeds of such sale, or so much thereof as may be necessary for that purpose, shall be applied to the payment of the assessment, and a percentage of five per centum upon the amount of the assessment for the costs and expenses of said seizure and sale, and the surplus, if any, shall be paid to the person entitled thereto.

Section 16.  Money collected.
The Treasurer, or other person collecting moneys as special assessments, shall pay the moneys, and all percentage collected by him, into the village treasury, and take the treasurer's receipt therefor and file the same with the clerk. The Treasurer shall also make return of said assessment roll and warrant to the President according to the requirement of the warrant, and if any of the assessments in said roll shall be returned unpaid, the treasurer shall attach to his return a statement, verified by affidavit, containing a list of the persons delinquent, and a description of the lots and premises upon which the assessments remain unpaid, and the amount unpaid on each.

Section 17.  Renewal of warrant.
Said warrant may be renewed from time to time by the President, if the council shall so direct, and for such time as they shall determine, and during the time of such renewal the warrant shall have the same force, and the treasurer shall perform the same duties and make the like returns as above provided. In case any assessment shall be finally returned by the treasurer unpaid, as aforesaid, the same may be transferred to and reassessed in the next annual village tax roll, in a column headed "special assessments," with interest included at the rate of ten per cent per annum from the date of the confirmation of the assessment, and be collected and paid in all respects as provided for collecting the village taxes.

Section 18.  Suit to collect.
At any time after a special assessment has become payable, the same may be collected by suit, in the name of the village, against the person assessed, in an action of assumpsit, in any court having jurisdiction of the amount. In every such action a declaration upon the common count for money paid shall be sufficient. The special assessment roll and a certified copy of the order or resolution confirming the same shall be prima facie evidence of the regularity of all the proceedings in making the assessment, and of the right of the village to recover judgment therefor.

Section 19.  Report expense incurred to council.
When any expense shall be incurred by the village upon or in respect to any separate or single lot, parcel of land, or premises, which, by the provisions of this charter, the council is authorized to charge and collect as a special assessment against the same, and not being of that class of special assessments required to be made pro rata upon several lots or parcels of land in an assessment district, an account of the labor or services for which such expense was incurred, certified by the officer or person performing the labor or services, with a description of the lot or premises upon or in respect to which the expense was incurred, and the name of the owner or persons chargeable therewith, shall be reported to the council in such manner as the council shall prescribe.

Section 20.  Council to determine amount.
The council shall determine what amount or part of every such expense shall be charged, and the persons, if known, against whom, and the premises upon which the same shall be levied, as a special assessment; and as often as the council shall deem it expedient they shall require all of the several amounts so reported and determined, and the several lots or premises, and the persons chargeable therewith respectively to be reported by the clerk to the board of assessors for assessment.

Section 21.  Assessor to make roll.
Upon receiving the report mentioned in the preceding section, the board of assessors shall make a special assessment roll, and levy as a special assessment therein upon each lot or parcel of land so reported to them and against the person chargeable therewith, if known, the whole amount or amounts of all the charges so directed to be levied upon each of such lots or premises respectively, and when completed they shall report the assessment to the council, and thereupon the same proceedings shall be had, and with like effect as is provided in this chapter in other cases of special assessments.

Section 22.  Street paving assessment roll to be in five parts.
Special assessment rolls to defray the cost of street paving shall be made in five parts or installments, each part or installment to contain a list of the lots or parcels constituting the special assessment district with the names of the owners or occupants of each lot or parcel, and one-fifth of the cost or expense of such improvement shall be assessed upon each one of said five parts or installments, one of which shall become due and be collected each year, at such times as the council shall determine, with interest at a rate, not exceeding six per cent per annum, to be fixed by the council provided the same be paid when due, and if not so paid, and reassessment be necessary, to be governed by the provisions of Section 17, Subdivision D of Chapter VI, but the whole assessment after confirmation may be paid in full, without interest at the time when the first installment is due. The village council shall have power to issue bonds of the village bearing not to exceed six per cent interest to the amount of the deferred installments, and pledging the faith and credit of the village for the payment of said bonds out of the deferred installments when collected. Said bonds shall run for one, two, three and four years respectively, and all payments made on the deferred installments shall be paid into and constitute a sinking fund for the payment of said bonds at maturity. Owners and occupants paying by installments shall pay the full amount of the interest on each installment down to the maturity thereof, but may pay the principal and such interest before maturity. Contractors for the laying of street paving may be required to take their pay in street paving bonds, provided the proposal of the contractors shall have been submitted on that basis and such bonds shall in no event be sold or otherwise disposed of at less than their par value. The village council may issue similar bonds to defray that portion of the cost and expense of any street paving chargeable to street intersections, or to lands belonging to the village, school buildings or other public buildings or grounds, including such portion of said cost or expense as the village council may have decided to pay from the street district fund.

E. BONDS*

*State law references: Municipal finance act, MCL 131.1 et seq.

Section 1.  Council may issue; limitation.
The Village Council may borrow on the faith and credit of the Village such sum or sums of money as it may deem expedient and issue the bonds of the village therefor, for any purpose within the scope of its powers; Provided, That at no time shall the bonded indebtedness of the village exceed the limits provided by law.
State law references: Prohibited bond issues, MCL 78.26(e).

Section 2.  What bonded indebtedness includes.
Bonds issued in anticipation of the collection of special assessments and mortgage bonds authorized to acquire a public utility which are not a liability upon the village but are secured only upon the property and revenue of such public utility, shall not be included in computing the bonded indebtedness of the village for the purpose of determining the limitation thereon, and also for such purpose moneys on hand in a sinking fund limited to the payment of bonded indebtedness may be treated as a reduction of such indebtedness to that extent.

Section 3.  Vote of electors.
No bonds except special assessment bonds, funding bonds, refunding bonds, emergency bonds as authorized by this charter, and bonds to pay judgments and decrees as authorized by state law, shall be issued until the issuance thereof has been approved by three-fifths of the electors of the village voting thereon at a general or special election. The approval of the electors shall not be required for the issuance of notes or certificates of indebtedness for loans made in anticipation of the collection of taxes, as in this charter provided.

Section 4.  Sinking fund required.
No bonds except serial bonds payable annually and special assessment bonds which are a charge upon a special district created for the payment thereof, shall be issued without creating a sinking fund for the payment of the same. Such sinking fund shall conform to all requirements of the state laws.
State law references: Sinking funds, MCL 137.2 et seq.

Section 5.  Must show object.
Every bond issued by the village shall contain on its face a statement specifying the object for which the same is issued, and it shall be unlawful for any officer of the village to sign or issue any such bond, unless such statement is set forth on the face of the same, or to use such bonds or the proceeds from the sale thereof, for any other object than that mentioned on the face of such bond. Any officer of the village who shall violate any of the provisions of this section shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail or Detroit House of Correction for a period not exceeding ninety days; or by both such fine and imprisonment, in the discretion of the court.

Section 6.  How executed.
Bonds may be either term or serial bonds and shall conform to all of the provisions of the state law regarding bonds of villages. Such bonds shall be signed in the name of the village by the president, countersigned by the clerk and sealed with the seal of the village. The interest coupons attached to such bonds shall bear the original or printed or lithographed signature of the village treasurer.

Section 7.  Resolution of council.
Whenever the council shall deem it advisable to borrow money and issue the bonds of the village therefor for any public municipal purpose as authorized herein, it shall, upon an approving vote of a majority of all its members-elect, so declare by resolution and shall therein set forth the definite amount of money to be borrowed and of the bonds to be issued therefor; the specific purpose thereof; the time when the proposition of borrowing money and issuing bonds therefor will be submitted to the qualified electors of the village for their approval, the specific place of meeting of the board of registration and of holding such election in each election precinct in said village, the form of ballot to be used at such election and the form of registration and election notices to be given; such notice shall include a statement of all the items enumerated above and shall be signed by the village clerk. Anything contained in the foregoing resolution, notice of election or ballot not required by the provisions of this section to be therein contained, shall be considered surplusage and of no legal effect whatsoever.

Section 8.  Tax to pay bonds and interest.
In the resolution authorizing the issuance of such bonds the council shall make full provision for the levy and collection of an annual tax upon all the taxable property of the village sufficient to pay the principal and interest of such bonds as they mature. Such tax shall be assessed and collected in the same manner as other general village taxes. The proceeds of such tax shall be deposited by the village treasurer in a fund separate from all other moneys, which fund shall be designated by name in such manner as to identify it with the bonds to pay which such tax has been levied. The moneys in such sinking fund shall be used only for the purpose of paying the principal and interest of the particular issue of bonds, to pay which such tax was levied.

Section 9.  Emergency bonds.
In case of fire, flood or other calamity requiring an emergency fund for the relief of the inhabitants of the village or for the repairing or rebuilding of any of its municipal buildings, works, bridges or streets, the council may borrow money and issue its notes, bonds or other evidence of indebtedness therefor, due in not more than three (3) years and in an amount not exceeding one-fourth of one (1) per centum of the assessed valuation of the village in such form and with such security, if any, as in its judgment may seem proper notwithstanding such loan may increase the indebtedness of the village beyond the limitations fixed by this charter or in the state laws.

Section 10.  Funding and refunding bonds.
Funding and refunding bonds may be issued in accordance with the provisions of the statutes of the state when authorized by the council.
State law references: Refunding bonds, MCL 136.1 et seq.

Section 11.  Bonds to satisfy judgment or decree.
Whenever any judgment or decree of any court shall be rendered or decreed against the village and the village shall be unable to meet the payment of such judgment or decree by reason of the limitation of its powers of taxation, then and in such case it shall be lawful for the council to issue the bonds of the village to an amount not exceeding the sum of such judgment or decree, and the taxed costs arising in the procuring of such judgment or decree, together with the interest thereon, which bonds may be made payable at such time and place and at such rate of interest, not exceeding six per centum per annum, as shall be prescribed by the council, and such bonds shall be sold and disposed of at not less than par value, in such manner as may be deemed advisable by the council.
Editor's note: Higher interest rates are permitted under MCL 133.9.

Section 12.  Special assessment bonds.
The council shall have authority to raise money by loan, in anticipation of the receipts from special assessments, for the purpose of defraying the cost of the improvement for which the assessment was levied, but such loan shall not be made until after the special assessment roll shall have been confirmed. Bonds may be issued in accordance with the provisions of Section 17 Subdivision C of this Chapter for such loans which shall not exceed the amount of the assessment for the completion of the whole work, and which shall draw such interest, not exceeding six per centum per annum, as the council may determine. The council may in its discretion pledge the full faith and credit of the village for the payment of such bonds. The assessment when collected shall be set apart into a separate fund for the payment of such bonds. Contractors for the construction of street pavements and sewers may be required to take their pay in said bonds in lieu of any cash payment provided in the contract, providing the proposal to construct such improvement has been submitted on that basis. Said bonds in no event shall be sold or otherwise disposed of at less than their par value.
Editor's note: Higher interest rates are permitted by MCL 133.9.
State law references: Obligations in anticipation of special assessments, MCL 133.9.

Section 13.  Public utility bonds.
The village may for the purpose of acquiring, owning, purchasing, constructing or operating any public utility within the scope of its powers, issue term or serial mortgage bonds therefor beyond the general limits of bonded indebtedness prescribed by law; provided that such mortgage bonds issued beyond the general limits of bonded indebtedness prescribed by law shall not impose any liability upon the village, but shall be secured only upon property and revenues of such public utility, including the franchise if any, stating the terms upon which in case of foreclosure, the purchaser may operate the same, which franchise shall in no case extend over a longer period than twenty (20) years from the date of the sale of such utility and franchise on foreclosure; and provided further that said mortgage bonds shall be sold for not less than par, bear interest at a rate not in excess of six per centum per annum; and provided further in the event term bonds are issued, there shall be created a sinking fund for the payment of such mortgage bonds at maturity by setting aside such percentage of the gross or net earnings of such utility as may be deemed sufficient for such payment. Provided further, That the village shall not have power to issue mortgage bonds to be secured by a mortgage on such utility in excess of fifty per cent of the amount for which the village may become indebted by the issue of bonds for such public utility.
[Higher interest rates are permitted under by MCL 133.1a, 133.9.}

Section 14.  Franchise; vote of electors.
Prior to the issuance of any public utility mortgage bonds, the council shall submit to the qualified electors of the village the proposition of the granting of the franchise mentioned in the preceding section. Such bonds shall not be issued or such franchise granted unless approved by the affirmative vote of three-fifths of the qualified electors voting thereon at the election at which such propositions are submitted.

Section 15.  Depositing and investing sinking fund.
The council may order the village treasurer to deposit the moneys constituting any sinking fund in a bank situated in Wayne County to be designated by said council. Upon a vote of a majority of all its members-elect, said council shall from time to time and in the following order invest the moneys constituting such sinking fund:
First, In the bonds of the village;
Second, In the bonds of any township, school district, village or city of said county or in the bonds of said county;
Third, In the bonds of any county, township, school district, village or city of this state: Provided, however, That none of the municipalities above enumerated has a bonded indebtedness in excess of ten per cent of the assessed value of the taxable property of such municipality: Provided further, That any bonds so purchased shall mature at a date prior to the date of maturity of such bonds, to pay which such sinking fund was constituted. If, after the payment in full of the cost of the improvement for which such bonds were issued, there remain any moneys in such special fund, then the treasurer shall immediately so report to the council and it shall order the treasurer to transfer all such moneys to the sinking fund established for the payment of the principal and interest of said bonds. If the proceeds of the bonds exceed the cost of the improvement the council shall have power to retire a corresponding part of the same issue.

Section 16.  Balances in sinking fund.
If, after the payment in full of the principal and interest of any issue of bonds, a balance should remain in the sinking fund established to pay such bonds, the treasurer shall so report to the council. Such balance may be transferred to any other fund or funds on order of the council, or may be used to retire bonds of the village.

Section 17.  Payment of first installment of interest.
Should the first installment of interest become due before the necessary tax to pay the same has been collected, the council shall have the power to borrow from the contingent fund and also, if need be, from the proper general fund, sufficient moneys to pay such first installment of interest due on bonds; Provided, however, That all moneys so borrowed shall be returned to the fund or funds from which borrowed, out of the first proceeds of such interest tax when collected.

Section 18.  Sale of bonds.
The council shall sell all bonds issued under the provisions of this chapter but at a price amounting to not less than their face value with accrued interest thereon to date of delivery. The council shall not have power to make purchasers of any such bonds allowances for legal expenses, for printing the bonds or for any other purpose whatsoever, when the total of any such allowances would result in the village obtaining for such bonds less than the face value thereof, together with accrued interest to date of delivery.

©The Village of Grosse Pointe Shores, 2004